Happy New Financial Year 2017

Are you prepared for the new financial year which starts next week?  I’m sure that you’ve been busy planning your budgets and other financial plans too, so here are a few reminders of what you will need to include if you employ people.

  • National Minimum Wage increases – from 1 April 2017

This applies to employees and workers aged from 16 to 24 years of age. The new rates are:

Apprentices £3.50 per hour (+10p)
Under 18 years £4.05 per hour (+5p)
18 up to 21 years £5.60 per hour (+5p)
21 up to 25 years £7.05 per hour (+10p)
  • National Living Wage increased – from 1 April 2017

This applies to employees and workers aged from 25 years and above.  The new is £7.50 per hour, an increase of 30p.

  • Increases in pay for shared parental leave and other related payments – from 2 April 2017

This includes shared parental leave, statutory maternity pay (SMP), statutory paternity pay (SPP) and adoption leave.  The new rate is £140.98 per week, an increase of £1.40 per week.

  • Increase in statutory sick pay – from 6 April 2017

The new rate for statutory sick pay is £89.35 per week, an increase of 90p per week.

  • Increase in statutory redundancy pay – from 6 April 2017

A week’s statutory pay for redundancy purposes increases to £489, an increase of £10 per week.  This means that the maximum amount that can be paid for statutory redundancy will increase to £14,670. (an increase of £300)

  • Increase in the maximum award for Unfair Dismissal – from 6 April 2017

This will be used for claims with a termination date after 6 April 2017.  Claims may well be raised in April, May or even June 2017 but if employment ended before 6 April 2017 the old maximum award will apply (£78,962).  The new maximum award will be capped at £80,541.

  • Apprentice levy – from 6 April 2017

This should come as no surprise, but if your payroll exceeds £3 million then you will have 0.5% of the total payroll cost to go towards the new Apprentice Levy.

  • Gender pay reporting reference period begins – from 5 April 2017

Again this shouldn’t be a surprise and you have already planned to report on your pay data if you employ more than 250 staff.  Your first report must be published in April 2018 and include all of your pay data dating back to 5 April 2017.

  • Immigration Skills Charge – from 6 April 2017

If you employ staff on Tier 2 Skilled Worker visas you will be subject to a new “Skills Charge” of £1,000 for each new visa issued or for each visa renewal.  If you are a small business (SME) or charity this charge will be reduced to £364 per new visa / renewal.

Hopefully none of these have come as a surprise for you and your budgets cover these.  Also be aware that there are more changes planned to employment legislation over the coming year, so watch this space for more information and updates.

Performance Management in 2017

Companies Must Become Active and Responsive – interacting with everyone working in their company.

Today’s workers expect change. Constantly. And feedback. Specifically, they expect to have the ability to change their goals as business and their own needs change. They also expect to make changes using technology. And any technology solution should mirror the experience they have in their personal lives – it should be intuitive, responsive, relevant, and immediate.

Not only should any technology be up-to-date, it needs to provide immediate feedback.

For example, when you deposit a cheque using your banking app, it tells you immediately whether that transaction was successful. Same when you purchase something using your tablet.

The modern workforce wants that type of feedback about their performance because they have choices to make about their careers and they know it.

Regular performance feedback isn’t a Millennial thing. Every employee wants to know where they stand; what their future is; if you rate them and what for; what the niggles and opportunities and challenges are. Don’t wait until they have resigned to tell them you saw them as a future Director. It will ring hollow no matter how sincere.

Likewise any feedback does not and should not exclude contractors, consultants and other individuals working with the company.  Today’s workforce is flexible moving very between employment and self employment to suit them. Don’t miss out on interacting with everyone that is working for you.

Active Performance Management enhances the Modern Workplace

Any Active Performance Management solution should take the best of the traditional performance management process and combine it with the needs of today’s workforce. It provides a structure that managers and employees want so the process remains fair. It can also include the documentation aspect necessary to support job changes and promotions.

By making the process technology driven, it can take the traditional performance management one step further and facilitate real-time feedback conversations that employees want to move to the forefront. It can also utilise downtime.

Real-time feedback piece is so important to everyone that wants and values it. Waiting once a year (for a performance review) doesn’t work. It’s time to move to real-time system for performance, with frequent touch points between the manager/client and employee or worker.

5 Key Elements of Active Performance Management (APM)

2017 is the right time to introduce active performance management. There are four key elements to changing current performance management processes.

  • Regular performance conversations. Most organisations have some mechanism in place requiring managers and employees to meet once or twice a year. With active performance management, employees and managers meet more often. The timeliness of performance feedback helps the employee perform at a higher level.
  • Peer-based feedback. In addition to increased manager feedback, employees learn how to provide each other with performance feedback. This can be just as valuable – if not more so – than manager feedback. Employees collaborate with different colleagues every day and need positive working relationships with their peers.
  • Focus on current and future projects. More frequent performance conversations mean less time is spent rehashing old behaviour. Workers and managers already know what happened in the past. The conversations are spent on future performance, talking about how to accomplish goals.
  • Development at every level. Every worker becomes skilled in delivering performance-related feedback. This helps them take ownership of their career development.
  • Looking to the future – The elephant in the room is often that both sides know that to truly realise ambitions the individual may not stay in the same place until retirement. Working in a new way means such ambitions can be captured and companies can stay in touch with their future talent even if they aren’t currently working for them.

When you implement active performance management into an organisation you may wish to phase-in different key elements.

Phased implementations can be very successful and embed ways of working firmly. Performance Management facilitated by technology will allow the flexibility to introduce the entire process or each piece separately.

Active Performance Management Leads to Talent Activation

Organisations must create processes that result in having the best talent in the right positions. Those processes need to include creating an environment where all their workers (current, future and past) feel empowered to ask for and give feedback and that any training/development they need to be available in a timely manner.

When employees are engaged with their work, their performance improves and organisations begin to set the pace rather than react to the pace of the market.

We all understand the opportunity cost of not being agile in business. Think of companies like Uber, Airbnb, and the new Amazon app-based grocery stores. These companies shouldn’t have been able to disrupt the way that they did had “legacy” brands kept up with or innovated within their respective spaces. Increased agility enables organizations to increase the speed at which they conduct business and innovate, which improves the bottom-line.

 

Employment law changes anticipated for 2017

A round up of the employment law changes anticipated for 2017, amid the ongoing uncertainty resulting from the Brexit referendum. 

Large compliance projects for data protection and gender pay gap reporting will dominate the HR agenda in 2017.

Employers are likely to see costs increase as the apprenticeship levy and additional fees for sponsoring foreign workers are introduced, and tax savings for employee benefits are significantly reduced.

Now more than ever it is important to ensure you are have good up-to-date HR practices and are employing the right people on the right terms and conditions.

  1. Data Protection Regulation compliance efforts underway

Although the EU General Data Protection Regulation (GDPR) does not come into force until May 2018, the scope of the changes under the new Regulation means that preparing for the GDPR will be high priority for employers in 2017.

Employers will need to carry out audits of employee personal data that they collect and process to ensure that it meets GDPR for employee consent. New governance and record-keeping requirements mean that employers will also have to create or amend policies and processes on privacy notices, data breach responses and subject access requests.

As the GDPR will come into effect before the UK exits the EU, organisations that are not compliant by May 2018 will risk fines of up to 20 million euros or 4% of annual worldwide turnover, whichever is higher.

  1. Gender pay gap reporting begins

Private-sector, voluntary sector and public-sector organisations with 250 employees or more will be required to publish gender pay gap information for the first time.

Employers will be obliged to release information relating to employee pay and bonus pay, as well as information on the number of men and women in each quartile of the organisation’s pay distribution.

Gender pay gap regulations for private and voluntary sector employers are still in draft form but the deadline for the first report is expected to be 4 April 2018, based on pay and bonus data from 2016/17.

Reporting requirements for public-sector employees are expected to mirror private-sector timelines and requirements.

  1. Apprenticeship levy on large employers introduced

Employers with an annual payroll of more than £3 million will be required to pay a 0.5% levy on their total pay bill starting on 6 April 2017.

Large employers will be able to access levied amounts, plus a government top-up of 10%, to fund apprenticeships from accredited training providers.

Smaller organisations that are not required to pay the levy will also be able to receive funding for accredited apprenticeships by contributing 10% towards the cost of an apprenticeship, with the Government paying the remaining cost.

This is potentially great news for employers and young people entering the workforce.

  1. Salary-sacrifice schemes significantly restricted

Employers may need to reconsider their benefit offerings as tax savings through many salary-sacrifice schemes will be abolished from 6 April 2017.

Schemes related to pension savings (including pensions advice), childcare, cycle-to-work and ultra-low emission cars will not be affected.

Schemes in place prior to April 2017 will be protected until April 2018, while arrangements related to cars, accommodation and school fees will be protected until April 2021.

  1. Changes to rules for employing foreign workers 

Employers sponsoring foreign workers with a tier 2 visa will be required to pay an immigration skills charge of £1,000 per worker (£364 for small employers and charities) beginning in April 2017.

The immigration skills charge will be in addition to current fees for visa applications.

In April 2017,the minimum salary threshold for “experienced workers” applying for a tier 2 visa will also increase to £30,000.

New entrants to the job market, and some health and education staff will be exempted from the salary threshold until 2019.

  1. Restraints on public-sector exit payments are still expected

Restrictions on public-sector exit payments, which had been expected to come into force in 2016, are still anticipated, although their implementation dates have not yet been confirmed.

Exit payments will be capped at £95,000 when public-sector employees leave their roles, including as a result of redundancy or voluntary exit.

Employees earning over £80,000 will also be required to repay exit pay if they return to any public-sector role within 12 months.

This will be a key area for the National Audit Office to look at closely and ensure that further loopholes aren’t being created.  Poor practices that included raising salaries exceptionally to benefit from Defined Benefit pension schemes, offering VR to expensive senior staff who merely wished to retire as well as agreeing terms to re-hire have been costly to the public purse.

  1. National minimum wage changes 

Cycles for national minimum wage increases – including the national living wage – will be aligned, with the next round of changes taking effect on 1 April 2017.

The next increase will see the living wage for staff aged 25 or over rising to £7.50.

Use this link to check you are paying the correct rate. Also look at current and future statutory rates for maternity pay, paternity pay, adoption pay, shared parental pay and sick pay.

https://www.gov.uk/national-minimum-wage-rates

  1. Trade union balloting changes to be implemented 

Employers await the implementation date for new balloting requirements under the Trade Union Act 2016.

Under the rules, a successful vote for strike action will require a 50% minimum turnout and a majority vote in favour of industrial action.

Industrial action in important public services will require a strike vote of 40% of all eligible voters.

Self-employment and other workforce dilemmas….

You may well have seen recent headlines about people whose organisation told them that they were self-employed but actually ended up not being – for example the recent cases linked to Uber, Deliveroo and Pimlico Plumbers. So what are the differences between being self-employed and employed?  Or for that matter being a “worker”?

Admittedly this can be a complex area and if you are in doubt or are being challenged by someone who works for you, you are always best to get expert advice.

However, there are some guiding principles and questions to consider when determining what someone’s employment status is. (ie. are they an employee, a worker or self-employed?)

  • Employees

Being an employee tends to be the “normal” form of employment status for many people.  They are directly employed by an organisation via a contract of employment.  This contract of employment outlines their role, responsibilities and entitlements while working for the organisation.  Legally all employees must be issued with a contract of employment (also known as a “statement of particulars”) within 8 weeks of starting with an organisation.  Failure to do this can lead to a financial penalty for the employing organisation.

Typically an employee works directly for the organisation they are employed by, in one of their workplaces, uses their equipment / facilities and is managed (or “controlled”) by them on a day to day basis.  For example, Fred has a contract of employment issued by XCo.  It outlines that he works in the office of XCo and is line managed and told what work to do by Jo, who is also employed by XCo.  If Fred doesn’t attend work, he doesn’t have to send someone else in his place.  As an employee Fred has certain entitlements or rights, such as being paid, being eligible to take paid annual leave and the entitlement to some form of sick pay if he is too ill to attend work.  These are outlined in his contract of employment – so hence it is an important document to refer to to ensure that Fred is being treated correctly.

  • Workers

In the recent cases with Uber, Deliveroo and Pimlico Plumbers the people who challenged their employment status were deemed to be “workers”.  All employees are “workers” but workers are not employees, even though there is some common ground.

A “worker” is defined as “someone who carries out paid work for an organisation but is not bound by or employed by a contract of employment”.   A simple example could be – Jane comes in to do some work tasks for your organisation during the school holidays but she doesn’t have a contract of employment with you.  She may be working via an employment agency (as a “temp”) or perhaps works directly for you.  If Jane doesn’t attend work, she doesn’t have to send someone else in her place but if she works via an employment agency, they might send a replacement. As a worker Jane has certain statutory rights such as she must be paid the national living or minimum wage (dependent on her age), she has the right to the statutory minimum paid time off and cannot be discriminated against. However, as she is a “worker” and not an “employee” she has no entitlement to unfair dismissal protection, redundancy pay or the right to request flexible working.

Confused?  There is further guidance online on the Gov.uk website that you might find useful.

https://www.gov.uk/employment-status/worker

  • Self-employed / Contractors

There is, or should be, a real difference in how self-employed people or contractors work compared to people who are employees and workers.  The fact there wasn’t a clear difference in the cases of Uber et al is part of the reason that the Employment Tribunal / Employment Appeal Tribunal ruled as they did.

The terms “self-employed” or “contractor” do not particularly make a difference when trying to determine someone’s employment status.  What is important is the arrangements for how they are “engaged” to do a task, how the task is carried and by whom, and how the work is paid for.  If someone is truly self-employed there is no contract of employment but there will be a “contract for services”.  The “contract for services” defines what work is to be done but allows the person or people fulfilling it the freedom to decide how best to carry out the work.  It may also mean that one person is substituted for another in order to fulfil the work, perhaps because they have a certain skill or area of expertise that is needed for a part of the work.

Self-employed people work for themselves and do not have a line manager in the organisation they are working for.  They typically provide their own equipment, such as tools, a vehicle or IT equipment.  A self-employed person invoices the organisation they are carrying out work for and receives the full amount of invoiced.  They have to declare this income and pay the relevant tax and national insurance contributions directly to HMRC via their annual tax return. Again this is not an exhaustive or definitive list and further information can be found at:  https://www.gov.uk/employment-status/selfemployed-contractor

The big advantage for hiring organisations is that self-employed people do not have employment rights – so are not entitled to things such as the national living wage or holiday pay.  The hiring organisation also doesn’t have to pay for any employers’ tax contribution, employers’ national insurance contributions or employers’ pension contributions.  These various contributions total up to a significant financial saving for the hiring organisation, so hence why companies such as Uber used the self-employed model to reduce their costs.

This is an area that remains under scrutiny as the government believes it is missing out on significant tax revenue due to people misusing the current system.  The government has recently announced a number of reviews to look at the issue of self-employment, particularly as part of the “gig economy” and for the public sector, in more detail.  There are bound to be developments so watch this space………….

Is in-house HR the best option for your Company?

Having worked ‘in-house’ for much of my career and more recently as a consultant, I’ve had seen both sides. This is particularly illuminated when one performs a detailed ‘access all areas’ HR audit.  Matching the needs of the business against the capability and remit of the HR function. Often it can be a bigger gap than anyone realises.

New role in HR – Work out what you need to do to fit in

When you begin a new role with a Company they are keen that you bring new ideas and change things. But many quickly realise that the most important thing to learn is ‘How they do things around here’. For in many companies not working that out quickly could mean one is not in post long enough to do more than just be new.

Companies by their very nature are insular. The individuals that do well are either the very brave and talented who do their own thing but bring in so much revenue that no-one cares. Equally those that are extremely corporate will have long and successful careers. Individuals that are very bright will move on naturally because there will be many options for them. Those that are clearly poorly performing will be moved on. But everyone else stays.

So, in that context the parameters of what ‘good HR’ looks like are set. This will almost certainly involve maintaining unique processes and ways of doing things. Quirky administrative approaches. Often long winded. And all the unwritten stuff about who gets fired quickly and how.  And what gets ignored or isn’t deemed officially important.

HR ignore half their customers

When a Company initiates an HR audit what they often want to know is how do we compare with our competitors? Do we have the right resources and skills in HR. Too much or too little? That answer is always unique to the organisation as often it is driven by individuals and/or the sector. If you have someone very senior that insists that HR is all about administration and problem solving and nothing more than that will dictate who you have in your function. If you are in a sector where you have high turnover and a lot of ER problems that may require some intense catch up before you move to a different model.

Companies have different motivations for HR audit from are we compliant (will I get my bonus?) right through to do we have the skills and talent in HR and the remit to achieve what the ambitious CEO and board want to achieve.  Often there is quite a gap.

And HR still exclusively focus their activities on ‘employees’. The self-employed, the flexible labour and the workforce of tomorrow are largely ignored which is a bit like only caring about the customers that visit your store and not the ones that shop occasionally on-line or could be buying your products.

Most HR process are substantially similar – not substantially different.

In an article written by Ruud Rikhof, Managing Partner of KennedyFitch he states “We believe that 80% of the activities in HR are substantially similar from company to company, not substantially different”. So, if it is substantially similar, why would you need it “in-house and customised” when you could pass it on to someone else, do it quicker and save money?

So many HR practitioners talk about Best in class. So many CEO’s don’t share these aspirations as they see such a process as long winded, expensive and distracting from core business.

Do ‘best in class’ processes you have contribute to the bottom line?

Whilst core HR processes should be agile and robust, they will never give your business a competitive edge. So, it’s wise to focus what resource you have on the things that will.

One of the issues about benchmarking your company’s HR needs against another is that whatever standard you use may not be the right one.

Your performance management system may have won awards and have some great technology with it – but does it drive performance?

You may have invested in a fantastic HR software system – but where are the reports and does anyone use or understand it apart from HR?

So, do you know what is right and important for your organisation and is that where you are directing your resources?

Individuals want an individual experience

When you go out to market to hire exceptional talent, the person you offer to is unique. You are excited about them joining and may even create a different package to get them on board. The CEO will take an interest in their on-boarding. But at that point the individual approach begins to wane. HR will get anxious that the Company is being inconsistent and will want the new hire to be treated the same as everyone else.

We have observed that increasingly individuals demand that they are treated as individuals. It’s often a deal breaker. Yet in-house HR activities are focussed on treating everyone the same.

What are the alternatives?

Many companies value their long serving loyal HR administrator. Key thing is to ensure you have the right level of senior HR challenge and expertise.

Equally you can contract out the administration, investing in a good system and employ a bright career hungry HR professional to work with your leaders and focus on the big things for your Company.

Many companies have an Employment lawyer on speed dial which absolutely supports the reactive problem solving risk adverse model that is hardly likely to have your HR function doing things differently.

Of course you can have both. HR lead in-house and HR admin in house. But that then results in what many businesses have now. A cost centre that stops more than it starts and manages problems.

Getting your HR capability right can be a powerful tool for increased competitive advantage. Especially in a challenging market

 

www.amelore.com

No more evening emails – a dream or reality?

French working life has been in the headlines again recently with the government passing legislation about the sending and use of work emails outside of “normal” working hours.  Much of the focus was on the belief that the French government was “banning” emails in the evening or at weekends, which isn’t actually true.

What the legislation is actually making French employers do is to come up with a jointly agreed (with the trade unions) policy about the use of work emails outside of “normal” business hours (whatever they may be).  That’s hardly the same thing as “no emails after 17.00”, but it is up to individual organisations to decide if they want to go that far or not.

It’s not just the French that have made such a bold statement about trying to clarify the boundaries between work and non-work time. A number of large multi-national organisations, many in the technology / IT sector, have decided to develop similar style policies in the hope that it will reduce employee burnout.  Which leads to two main questions – is it a good idea to have such a policy? – is it possible to implement it?

Is it a good idea?

I’m not a fan of having a policy for policy’s sake, however, it is always important to be very clear on what an organisation expects from its employees.  If employees don’t know and understand what is expected of them, how can they reasonably be expected to do or not do something?  Yes, there may be some obvious or implied things that employees shouldn’t do – for example, punching a colleague – but depending on what sort of culture your organisation has, certain behaviours might happen because no-one actively challenges or stops them.  This is where the clarity of written guidance is helpful – it is harder to say you didn’t know that you shouldn’t XXX if there is clear, written guidance saying that you shouldn’t.

There is a potential argument “for” and “against” having such a policy – such as……

FOR:  I worked for one organisation where it was common for the senior team to email each other at 3.00am with the expectation that people would reply.  These people weren’t in different time zones but were forced to be “always on” because their “boss” was and he expected it of them.  To my mind, this isn’t a healthy or sustainable way of doing business and it was certainly backed up by seeing the toll on some of the individuals. Allowing people some down time is vital if you expect them to stay healthy and effective – a policy or guidance could help to create some space for them to do this.

AGAINST:  Some people will say that they find they are most productive on an evening, perhaps when the kids are in bed, and use this time to good effect.  In fact they use this time to perhaps “make up” their working hours, as they have to fit in school runs, caring responsibilities etc. To stop them sending emails and working this way could well be counter-productive. Should you force “normal” 9.00 to 5.00 working on people who don’t want or can’t work that way?

One thing is for sure, I’m not suggesting that anyone “bans” sending evening or weekend emails – that is down to individual choice – but reducing or stopping the expectation that colleagues will respond is a different matter.  Expectations and clarity are key.

How could or should I implement an out of hours email policy?

As with many policies there is no one size fits all.  Yes, there should be some basic points in here (eg. what is and isn’t expected) but the actual detail of how your organisation wants its employees to work is down to you and them.

Some key questions to consider might include:

  • What does the organisation want this policy to achieve / deliver? (eg. better work / life balance) Are there other ways you could achieve this rather than writing a policy?
  • Why do you want to introduce this policy now?
  • What do your employees feel about this issue? Do they believe that action is needed?
  • What are the key things you will and won’t want employees to do? (be clear and concise)
  • Will this be a contractual or non-contractual policy? (this will affect how you implement it)

Drafting the policy and / or guidance will be key, as will be the communication and consultation with staff about it. You definitely need to engage staff early and make sure they are onside with this, or launching such a policy could end up being more trouble than it’s worth!

So will I be recommending that the organisations I work with adopt an out of hours email policy?  The short answer is “it depends”.  Some organisations are mature and flexible enough in how they work that such a policy would be extraneous and unwelcome.  For others though, the clarity would be helpful and important to support employee wellbeing so a policy could be very useful and well needed.

Happy 2017? Predictions for employers……

2016 was an eventful year and most people are now looking forward to a (hopefully) better 2017.  So, a few days into the year, what can employers look forward to over the next 12 months?

  • Brexit

After dominating the headlines in 2016, 2017 is also likely to be a year where Brexit is in the news.  Assuming that the government does what it has promised, then article 50 will be triggered in March 2017.  What Brexit will actually mean for employers and employees remains to be seen, but hopefully things will get clearer.  Updates to come, watch this space…….

  • Changes to work permits and the Immigration Act

This is hardly surprising given the current Brexit situation.  Some of the changes have already been announced and there will be doubtlessly more to come.

What we do know already is that employers sponsoring foreign workers with a tier 2 visa will be required to pay an “immigration skills charge” of £1,000 per worker (£364 for small employers and charities) from April 2017. The immigration skills charge will be in addition to current fees for visa applications.

In April 2017, the minimum salary threshold for “experienced workers” applying for a tier 2 visa will increase to £30,000.  New entrants to the job market, and some health and education staff will be exempted from the salary threshold until 2019.

  • Gender pay gap reporting

Or the Equality Act 2010 (Gender Pay Gap Information) Regulations 2017 to give them their full name, which will come in to force on 6 April 2017.  The government published updated guidance on these regulations a couple of days ago and has confirmed that all organisations with over 250 employees need to provide and report on gender pay gap information based on the date of 5 April 2017.  If you haven’t started planning for this, make it top of your new year “to do” list.

  • Apprenticeship levy

There has been much talk about the forthcoming apprenticeship levy and the potential opportunities it brings.  If you are an organisation with a payroll of more than £3m then from 6 April 2017 the levy will apply to you.  The Government has recently published updated guidance for employers on how the apprenticeship levy and the new funding system will work.

  • Salary sacrifice schemes – RIP

As stated in the Chancellor’s Autumn Statement, there will be significant changes to what type of salary sacrifice schemes employers will be able to offer.  Some of the current items offered, such as gym membership, will be abolished from 6 April 2017.  If you haven’t already reviewed your employee benefits scheme, then now is the time.

  • Rises in the national living wage and national minimum wage

This was another announcement in the Autumn Statement.  Rather than having different dates when there are changes in the hourly rates for the national living wage and the national minimum wage, these have now been aligned.  So the next changes will be due on 1 April 2017 and the rates are set to rise.

  • Trade Union Act 2016

We are waiting to hear exactly when this legislation will come in to force but it will happen at some stage during 2017.

Under the rules, a successful vote for strike action will require a 50% minimum turnout and a majority vote in favour of industrial action.  Strike action in “important public services” will require a strike vote of 40% of all eligible voters.

  • Pensions……

There has been a lot in the news about pensions in 2016 – whether it be related to the demise of BHS or the rise in the “gig” economy.  There are already some known changes planned for 2017, such as the final phase of pension auto-enrolment to encompass all employers and the rise in the minimum employer contribution rate.  It is likely there well may be others….

We’re sure that there will be other developments during the year ahead, so keep your eye on this blog for more updates.  Happy New Year!

www.amelore.com

Data, data everywhere – but what data should I do something about?

Data, particularly “big data”, seems to be constantly in the headlines – whether it be because data has been lost (the TalkTalk hacking incident) or because it’s being used for something that’s perceived to be intrusive (adjusting insurance premiums or the monitoring of emails by the NSA).  For some people and organisations data is a fundamental part of what they do, but for the rest of us – should we be taking more notice of our data?  Are we missing a trick?

Depending on what type of organisation you currently work for, then you may find that you are already required to report on and publish some key data.  If you work in an organisation that is classed as a “public body” under the Equalities Act 2010   definition (for example the BBC, a local Council or the Police) then you already need to publish data about your workforce.  Specifically data that relates to how your workforce is made up relating to “protected characteristics” and other equality data – for example the percentage of your workforce who are disabled, the age profile of your workforce and the gender split. If you work in local or central government then you already have to publish data about the remuneration of your senior / executive managers.

Even if there is no statutory requirement for you to report and publish the sort of employee data highlighted above, could you find this information useful?  Certainly if you do any form of workforce planning for your business then you probably already look at and use key employee data such as salaries, length of service, duration that people have been in role, employment status (temporary or permanent) and key skills / competencies.  If you don’t currently do any workforce planning, should you think about doing some to help your business to be ready for the future? (hint – we recommend you do!)

If you are struggling to recruit to a certain role then looking at the data could help you come up with a solution. Filling some roles takes more than an advert on your website and Totaljobs etc…..  Looking at your recruitment and candidate data may help you to tap in to a new pool of potential candidates who you’ve previously overlooked or help to identify a different, more effective recruitment channel.

Even if you don’t want to go on a data journey yet, you will find that going forward more and more businesses are going to have to start reporting on and publishing key employee data.  Hopefully you are aware of the gender pay reporting requirements (The Equality Act 2010 (Gender Pay Gap Information) Regulations 2017) that are due to come in to force some time in 2017?  If you employ more than 250 staff, then these regulations will apply to you so you need to start preparing now.

There are also discussions about whether businesses need to do more to be transparent about what they pay their senior staff (eg. Directors and Chief Executives).  After all, the public sector already has to report on what they pay their senior staff.  The government has just issued a “Green Paper” to consult on whether businesses must report on the pay of their most senior staff compared to the pay of their average employee. The consultation is open until 17 February 2017 if you want to contribute.  Should the consultation end up being translated in to new legislation, then you’ll need to get to grips on your data again – so watch this space.

If you’re struggling to get to grips on your employee data then we can help…Consider having an audit of your organisation’s HR systems and procedures which can examine what data you hold and why and provide you with an overview of your obligations and how compliant you are.

Equally commissioning a gender pay audit to enable you to address any issues before the data becomes public could be helpful.

www.amelore.com

Christmas. It’s the time of year when…

This is the ultimate advice checklist for how HR should deal with Christmas issues…
1. Employees sometimes do stupid stuff. At Christmas time and otherwise. It’s a fact of life.
2. Just deal with it.
3. Resist the urge to worry too much about vicarious liability, discrimination and constructive dismissal. Although it is probably a good idea not to put any mistletoe up in the office.
4. Resist the urge to write any sort of policy.
5. Resist the urge to put any sort of disclaimer about behaviour in any Christmas party related literature. If someone wants to punch Bob from Accounts on the dance floor after 12 pints of beer then they will do it anyway. See points 1 and 2.
6. Resist the urge to write special rules about absence from work after social events. See point 2.
7. Apply Christmas common sense.
8. Avoid sprouts in an office environment at all times. This is especially important in small or poorly ventilated offices.
9. Never, ever, buy Secret Santa presents from Ann Summers.
10. Put a tree up; Eat some Quality Street; Wear a Christmas jumper; and remember to enjoy yourself.

Fit for business? How about an audit?

People often ask what differences I see between working in the UK and France, particularly as a manager.  If there is one thing that is likely to strike terror in to the heart of a French manager or business owner what do you think it would be? Trade unions? Staff demanding their 2 hour lunch break? The actual answer is an “inspecteur du travail”, who is literally a government “workplace inspector”.  Under French law, people in these roles have the right to inspect any business, big or small, at any time to ensure that the employer is upholding their legal, employment obligations towards their workers and staff.

Surprisingly most French people actually think this role is a good and important thing, rather than being “government interference”.  It helps to ensure staff safety, means that French businesses always have their paperwork in order and apparently contributes to France’s high productivity levels. But it could never happen in the UK could it, especially not after Brexit?!

No – not exactly.  However, if you work in a “regulated industry” or supply services to one, you may actually find your employment practises (including your employee related “paperwork”) come under scrutiny. So what do I mean by a “regulated industry” and could it include you?  The typical kinds of organisations or activities that would put you in this definition would be some of the following examples (though not an exhaustive list by any means):

  • Financial services – particularly product selling and advising.
  • Social care – providing any sort of social care, to people young, vulnerable or old.
  • Health Care.
  • Education – be in for children or adults.
  • Housing providers – private sector, public sector or not-for-profit.
  • Utilities providers – including telecoms, as well as water, power etc.
  • Local government – who may well also provide some of the services outlined above.

When you include organisations and businesses who supply services or goods to the types of organisation listed above, you start to realise what a potentially large number this is.

The people who do the scrutinising or inspecting are likely to come from a regulatory body such Ofsted, the Care Quality Commission (CQC) or OFWAT, but there are times when other individuals may need or demand to scrutinise your business.  For example, should you be unfortunate enough to have a serious workplace accident, then the Health and Safety Executive (HSE) will come in and investigate.  This will include scrutinising your policies, training records, employee files and more. It can be incredibly scary, especially as you won’t have had time to “get your house in order” beforehand so any gaps in your “paper trail”, that you have been meaning to fill in, won’t have been sorted out. Oops.

As you are probably aware, the penalties that the HSE or other inspection bodies can levy can be punitive, substantial and costly.  They can even stop you trading / operating.  All potentially because you haven’t been able to produce a particular bit of information or paperwork, or because you haven’t got a policy or process in place.

Sometimes businesses also voluntarily invite people to come and inspect them too. If your business wishes to gain accreditation from Investors in People or to gain an ISO standard then their assessors will need to scrutinise and check that you say you are doing exactly what you claim and what their standards require.  Again, this will be a detailed look at your processes, procedures, policies and employee files.  If you don’t have the things in place that the standard requires, then no accreditation – and potentially a long wait (and associated cost) until you can attempt to get accredited again.  It may even mean that you can’t tender / provide your services to key customers until you get that accreditation.

So, how confident are you that your current HR policies, processes and employee files would stand up to such close scrutiny – be it on a voluntary or regulatory basis?  If you aren’t sure, then we strongly recommend that you take action now.  Who knows what tomorrow may bring?


What does an HR Audit or HR Operational Review involve?

Bringing in external auditors is not anyones favourite pastime however it is accepted as a normal part of business life.  Important for shareholders and investors to get reassurance that everything is going well and often Directors get well deserved credit for good governance and Internal controls.

However, what a more in depth internal audit can bring is a sensor check of how compliant and fit for purpose your business is.

Depending on your needs, we can just do a paper review and look at key documentation such as employment contracts, employee data and staff handbooks. Or we can also meet key staff and check understanding and needs spotting early problems emerging and flagging them.  We can also assess the fit of key staff in key roles if you would like us to.

We then produce a report with recommendations for you to set and implement your own priorities.  Our work with you may include further reviews to check on progress.

HR Audits give you the heads up on what you could and should be thinking about in your business.


At Amelore we offer a tailored service to help you to get your business in shape and to make sure you are ready for whatever tomorrow may throw at you.  Why not contact us to find out more about our HR audit service or our HR bootcamp?

www.amelore.com